Omaha Daily Bee Newspaper, January 11, 1886, Page 7

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Magnolia Balm both freshens and beautifies, “of this state now in force, SUPREME COURT OF NEBRASKA | A Batch of Recent Deoisions, Interestin, to Lawyers and Clients. Douglas County Mast Pay Her Insane £33 Tax-Layinrg Down the Law from Which There is No Appeal. ex county J., dissenting.) 1=The prov the_ compilec 'ral connties in the rel attorney general vs Douglas Judgment for plaintif (Maxweil Opinion by Reese, J. of chapter 40 of statutes requiring the sey state to the ex- | pense of the support and maintenance of insane persons having a Jegal settlement in the counties from which they are sent are not in violation of the constitution but are valid and binding upon the coun ties to which they apply. ‘hargeable with the a of inssne per- nt to the hospital therefrom, un s the legal settlement is found to be in such county. $—The lovy of a tax under the provi sions of section 47 of chapter 40 of the compiled statutes for the support of the it : having legal settlement in such county is & county tax to be levied by the proper county officers, and if lovied upon all the taxable property of the county alike, is not void for want of uniformit Cabon vs Gruenig. Error from Pierce county. Aftirmed. Opinion by Ree Jo Any porson having n judgment ren- | d by a county court without ref ence to the amount of such judgmeat, or whether rendered by the county court during a regu term, or by the county judge when cxercising the ordinary pow- ers and jurisdiction of a justicé of the Jjence, may outiso transeript thereof to filed n the oflice of the clerk of the district court in any county in this state and cause an execution to issue thereon Albert Romberg vs M. I, Hughes. Error from Cuming county,” Heversed and judyg- ment in this court 1isi. Opinion by Max- well, J. 1—Where the evidence on behalf of the plaintil’ and defendant in an action is nearly equall reed the “erdict will not be set aside as being against the weight of evidence ‘o wake u communication from y to an attorney privileged, the rela tion of attorney und client must exist be tween them B—In replevin damages for the deten tion of the property are recoverable only in caso of u retuin. If the property is not returned the measure of damages is the value of the property proved, to- gether with lawful intefest thercon from the date of the unlawful taking., Hainer vs. Lee, 12 Neb., 452, 4—The damages for the detention of the property where there 1s no detoriora- tion should not exceed a reasonable pro portion of the value of the sume Whitall vs Cressman. Error from Cuming ty, Decree moditicd and affirmed a5 moditied, Opinion by Maxwell, J. 1—Where money was puid into the dis. trict court in sutisfaction of a de and for distribution, and an appeal taken to the supreme court, where the order of distribution changed, held, there being no order of the district court re- quiring the money to be put out at intc est, that a pariy entitled to part of the fund, and who 1 obtained the me, was not chargeable with interest thereon: but money to which he was not entitled he was chargeable with interest at 7 per A party complaining of the taxation of costs in the district court, must file nmotion in that court to retax the same s Samuel M, Bro- or from Adams county. Attirmed. n by Maxwel 1—Where the general agent of a life insurance company employs an_ agent to solicit risks, the company will be” bound by the contract of cmployment, unless the person employed had notice’ of pri vite restrictions upon the uuthority of 1t re the employment is admitted, but it is claimed that it was entered into by the general agent in his own namo and for his own benefit, where the evi denee is conflicting, the question must be submitted to the jury, and its finding will not be set aside if sustained by sut- ficient evidence. Hand vs Phillips. Appeal from TPlafte county. Dey noditied and atlirmed as moditied, Opinion by Maxwell, J Und statute which authorizes the allowance of an attorne n ¢ in cases proportioned to the amount of re- covery, the debtor cannot, by paying a considerable portion of the debt immcdi ately preceding the rendition of the judgment, defeat the recovery by the at- torney of fees upon the entire sum for whicli, but for the payment, judgment would have been rendered. Van Buskirk vs Chandler. Adams county, Reyersed. Maxwell, J. A defendant relying upon paymen a defense, must, where it is denied, prove the same. State ex rel ‘Lytle vs Connty Commjssioners of Douglas county. Mandamus., Writ de- nied. Opinion by Maxwell, J. On an_application for a man against the county commissione Douglas county to compel them to call an election in the city of Omaha for twelve justices of the peace therein, there being six precinets, and alleging that an ac ducing the number of justices in suid c to three was unconstitutional and void; held, that the court would not in that proceeding determine whether or not the act wus in contravention of the constitu tion, Mills v Error from Opinion by the S Frror from Doug! Reversed. Opinion by Maxwell belous charge made by A against ned inoa lette tten and in this state to C, residing in an- state, is suflicient to render A linble in this state for the offence, 2--To reuder a husband liable for a letter contaimng libelous charges writ by his wife, it must appear either thy aided in or authorized the writing of the libelous matter, #—Where on an indictment for libel for matter contained in a letter signed in the husband’s name, be was found guilty, and the testimony tended to show that the letter was written by the wife and that the hushand did not aid in compos- ing or authorize the use of the libelous wi the, judgment was reversed Ben: B. & M. R R. Co. Error from Douglas county, Afiirmed. Opinion by Maxywell, J. Where in an action to recover dam for injury to property, and the eau the injury is a matter of con verdiet in favor of the plaintift will not be | set aside at his mstance because the ver dict is not as lurge as it probably would have been had the cause of the injury been fully proved State ex tel Kinzer vs. Cain. Mandamus, Writ awarded, Opinion by Cobl, Ci, J At all tax sales, public or yli\:m-, the | county commissioners of the proper county may purchase for the use and | benelit of their rospective counties any ' real estate therein which has been o, at public sale for delingu et vemains unsold for want of ofher b ders. State ex rel Kigse? ys. Cain. Mandamus, Writ denied. Opinion by Cobb, Ch. J, It is 257 the duty of a county treasurer, nor s he the power under the statutes to seize or sell personal property for real estate taxes. Post vs. Garrow. Error from York county, Amired, Opinion by Cobb, Ch. J. 1-When the day of performance of itracts other than instruments upon which days of grace are allowed, falls on of | body of the petition will not | of | railroad compan, | ing busir | Mo | court, | “be fixed” and | unheard from u Sunday, that day is not counted, und tions of the Monday) is Salter vs the stipu compliance with next day contract on the deemed in law a performance Burt, XX Wend 5. 2 ~When in an action on a itten con- tract a copy of the contract is attached and referred to in the petition, a ment of tae terms of the contract in the stric asirr b out on motior redundant nor evant matter §- For the purpose of effecting a for- teiture on money adyanced on a contract which has not yet been performed, the party claiming such forfeiture must show a readiness and willingness on his part to keep and pertorm the contract in every particular, 4—Instructions ved In the ease of a contract for the sale of cattle at so much per hundredwoeight when upon appointed for the execution act the scller r 1o liver the cattle, and de at an end, in an action amages for the non- delivery of the cattle, held, not incum bent on the part of the plaintift’ to prove a tender of the purchase money Schindler, Error from ( A fitmed. Opinion by Cobb, Chi.J. wetion was brought nst the ppellants and the Burlington & Missou ri Kiver Railroad company in Nebr defendants. Pending the trial, plaintift asked and obtained leave of the court to dismiss_his ease as to the railroad com- pany with costs. Held, no that the trial was properly s vroceed ns ag the remaming de- fendants, plaintifis in - error, without re cmpaneling or reswearing the jury, although t nswer of defendants con- tain graph in the nature of a pleain_abatement for the misjoinder of the railroad compuny as a party de- fendant 2- The contrs ings was prope considered and ap- P delivery nd or day the con weigh and « claresthe contract by the buyer for and 1 the et set out in the proceed- y admitted in eyidene ainst the remuining defendant the dismissal of the eause as o nst the although the said rail road company was not a party to said cont 4 defendants, Morrissey Brothers, 1 the petition as *‘John vl Michael Morrissey, do: s under the name and siy 1 Morrissey Brothers," they were sued firm to all intent Purpos i—Under the peculi s and cireum stances of the cusc v, heid, that the cvidence which tended 10 prove, pluin tifl’s elaim for extra compensation for performing the work set out in the peti tion tended also to disprov d contro- fendant’s counterclaim for dam red to have been sustamed by ason of said work not having in accordamee with th ms of the original contract It is competent (o prove by parol a nge or moditication in the terms of a t made by the partics to such contract at atime subsequent to the exceation there And the considera- tion ot the contract may be o saflicient consideration for such change or modi tication G—Action oht by defendant in error against “John €. Morrisey anid Michael Morrisey, doing business under the name and style of Morrisey Brothers nd the Burlington & Missouri rail roud company in Nebras for lubor nd mecl al skill in the ercetion of cortain clevator buildings undee o cer- 1in written contract, and for certain ex- nd expenses cliimed under an al- ditication of the ns of said liet 15 as follows | I the distriet court, Nebraska, it for plaintift. el and sworn wid to try the tind for the s at the by the foreman.) 0 form and sub- boing describ €. Morri I Anton'Sc W jury duly empan in the above entitled can i joined therein, nd sum of Sust stance. Rose vs Peck. ned both as Srror from Laneaster county. Attirmed. Opinion by Cobb, Ch In a ease pending in the dist an offer mad, defendant judgment to be the pl rtain amount therein stated and costs, h offer was in writing and filed in oflico of the clerk of said court but served upon the plaintifl attorney, nor was it made in open the plaintifi’ being present or aving notice thereof; held, unavailing to throw the costs made after the filing of such offer upon the plaintiff State for unse, Cumi: county Srror from | Cuming county. Opinion by Cobb, Chi, In an action on a ognizance taken by a justice in & proceeding before him under the provisions of ch of the compiled statutes, held, that such recognizinee w dig upon the urity thercunto, although the same s not recorded by the justice in s and was signed by the parties his vs Moran. Reversed., Lrror from Opinion Where in an _action for r the answer of the defendant put in issue the title ot the plaintifl, but alicged no equituble defense, u finding and judg- ment for the plaintifl’ upheld nm\\llh— wding there was evideuce whieh under proper allegations would have tended to Dlish an equitable defense gwick vs Dixon. Appeal from York Aflirmed. Opinion by Cobb, Ch, . Where a prowissory note secured by nge based in part upon an usurious consideration is transferred before ma- turity to a bona fide purchaser for valuo without noti nd in the usual course of es it free from the defense Wortendyke vs Mchan, 9 Neb., An attorney’s fee under the of sbraary 18, 1852, when allowable, should Howed by the trial court upon a recovery of judgment by a plain titl, and when onee fixed within the stat- utory limits, the amount thereot will not > supreme court, Hsworth, .\y]lf from Hamilton county. Affirmed. Opinion by Cobb, Ch, J I'he death of an absent person may be presumed in less thin seven years the date of the last intelligence from him, from fuets and circumstanees other than those showing his exposure to danger which probably resulted in his death. Tisdale vs Conn. Mut. Lifc lus, Co.. 26 Ia., 17 k Upntalt vs county, Ch.d Cuming Attirnied. by Cobb, 1 property act Cox vs idence of chy er, habits, do velations and the like, making the lonment of home and family im- ble, and showing a want of all those motives which ecan be supposed to influ ence men to such aets, may be suflicient to ra the presumption” of death, or from which the death of one absent and be inferved, without to the duration of such abscnce, regurd | 1uid Adams vs Tho Error from C county. Atthmed. Opinion by Col ChJ 4 g Suit brought on an underiaking or bond entered into for ths yurpose of ap pealing from the jud.mich of & justice of the pesce. Held “thit the defendant was estepped o deny that an appeal had been taken in the case in_ contvadiction of his undertaking or bond, exccuted in conformity tothe statute for the purpose of perfecting an appeal, although the sume was filed with the justice of the F ce after the expiration ‘of the time imited for that purpose, and the said ap peal was dismissedin the district court or the said undertaking or bond having been filed outof time. —Bee Gudiner vs Kilpatrick, 14 Neb., 347, n‘n:u 0xX n~l“l'lu_\lln;-1n V5 Il(. V. I‘L R. Co. Man- damus, rit allowed. ), ax- well, J. OpliiR b4 Undor the provisions of the constitu- tion and statutes relating to ruilroads, vhiere o railroad is built {rou‘h 4 town | | toth or | | on métion and notice to the plaintifl to of 1,500 or more inhabitants, and it isnec ry to havda tation at that place, the yoration nmy be (-muyn‘\]v{ the same with tho nec y sidetrack notwithstanding it has a station at the junction of that and another line one and u half miles distant State ex rel Reld vs Scott nied. Opinion by Maxw " 1—The board of educational lands and funds will not be compelled by manda mus to award a dontract of lease to a par ticular bidder unl, ss of that fixed Mandamus de- by statute, an of the land and there is an of discretion on the lx-u'lluf the bowrd in refusing to execute the 1¢ Where a party at a public letting of educational lands was the highest bidder, but afterwards refused to aceept lease and pay the amount due thereon and ‘ rform the contract on his part, the soard will not be compelled to lower bid atterwards made by him for the same tract of land Lepin vs Paine. Error from Adams county, Remanded. Opinion by Maxwell, J. One 8. brought an action to foreclose a mechanic's lien ainst L owner of the fe . & Co., material men, being made partics. P.& Co. answered, setting up the amount due to them and iming a lien, The court found in favor of S. and against P. & Co., and rendored a de accordingly. P.& Co, appealed, and on the hearing their elaim was held to be valid, and the cause was remanded to the court judgment in conformity to the opinion Held: 1--That as the “interests of tho parties were inscy bly connected, the appeal brought up the eritive nd the court must enter a new d the court should tween 8. and L, & Lo and if neces: [ dditional evidence for that pur ., E. & M. V. R, . Co. vs Brown county. injunction denied. Opinion by Maxwell, J. 1—Brown county was created in March, 1883, being the general statute for election, judie and revenue purposes, In June, 1883, the county commissioners of Holt county levied state, county and school taxes upon the property in Brown county. In Juiy, 1843, an election was held for county oflices, and oflicers eleeted who qualificd and cntered upon the dutics of their ofl In April, 1884, the F., E. & M. V I ay comipany paid to the treasurer of Holt county the taxes levied by the county commissioners of that county on the railroad in Brown county. Held, that the taxes shonld lave been paid to the treasurer of Brown county. 9—Upon the organization of a new county and the election and qualification of i county to which it was at clection, judicial and rev is severed, and all busine must there- after be transacted with the new county. Dewey vs Paine. Error from Adams coun Allirmed. Opinicn by e A leased certain real estat term of two years, B theretor the sim of §i ol 10 on th first day 1z the térm, which extended from Ty 1, 1880, t0 January 1, 1552, The ¢ was i writing. On the 12th day of October, 1830, the lessee for value and the consent ot the 1essor transfc 1 his lease by parok o C, who tool : sion thereunder and held until the vth of March, 1881, paying rent to A according to the terms df thw fease, when he vaeated amd refused to pay rent tor the remainder of the year wl trm. Held, C was liable for the rent premises or not. Jacoby vs Mitchet, FError from Lancaster counity. Aflirmetl. Opinion by Reese, J. 1—ANidavit¥usid as evidence nupon the learing of 1 motion in the distriet 1t will not_be cofi€idered in the suprenre court unless presdrved part of the record by a bill of exceptions, and when such papers are improperlv attached to lie record they will, upon motion, he stricken from the tiles. Graves vs. Sco- ville, 17 Neb., 53, When an appeal is taken to the dis- trict court from the judgment of the jus- tice of the nd the plaintift fails to proseeute his appeal by filing his petition within the time required by faw, and no exense is shown which would justify the delay, it is not error for the district court »to B for a cing to pay i instaliments of each month non-suit th plaintifl and ment as provid 1011 of the eivil ¢ —When a motien mitted to a court for duty of the court to dec the'record as it existed at that less the submission is set brought to the knowledge of the court party desires to be heard upon nt condition of the record.” Any sers filed after the submission without ourt or the knowledge of not be considered in v sision Error from Adams count versed andcause dismisssed. Opinion by Keese, J. County courts hav and determin render judg- 15 1010 and and sub. it is the me upon re, will no jurisdiction to actions brought againstoflicers for the penalty imposed by i 4. chapter 28, compiled stat- utes, for taking illegal fees, Error from York county, Opinion by Re A petition which alleges tha mdebted to the plaintifl and that B r d from A > amount of personal perty, and in consideration thereof sreed 1o pay the debt to pluintiff, and that B promized the plaintiff, who was about commencing suit, that he would piy the debt and that if plaintift would ] pear suing until he conld sell the prop- erty he would pay him, and that in con- sideration of such promise plaintift” did forhear until after the property was sold, but thut B then l'vhm-n, payment, states i cause of action and one which is not ithin the stutute of frauds. 2—When an attorney is employed for a particular purpose, and before such em- ployment he informs his client that he ius been employed against him, in o not connected with the employment and with full knowledge of such fict the em- ployment is made for the purpose re quired, the relation of attorney and client does not exist so s the purpose of the first employment js concerned, and stat ments made to (2. attorney with refel ence to any fabt ifi dispute in the contro versy in which the first employ i is made is not a privileged communieation B8—A judgment will not be reversed for errors commiited on the trial of u cause | which are not pyejudicial to the party complaining. & Monill vs Tegerdan. Error from Menlck county. Aflirndgy Opinion by Recse, J. 1—Action for “damagss for alleged malpractice Petition “examined and held to state alesage of actiou. | 2=1f hysothetigal questions re- | examination of expert | inesses they most be so fram facts, cither admitt T Wit O'Ha V8. Vells, 3. When this is doue | it will be suflicient. b—The jurors are the triers of fact in a pause tried to them, and their decision upon contlicting testimony cannot be set aside unless clearly wrong. Under this it is held that™ the evidence is sufli- cient to sustain the verdicet. sohnson vs. Mo. Pac. R. B. Co. Eror from Douglas county, ~ Reversed. Ovinion by Leese, J. 1-When amended pleadings in the district court and properly certi fied to the supreme court us a part of the transcript, it will be presumed that such pleadings'were filed regularly and with the knowledge or permission of the dis trict court and they will be treated as properly in the record. 2—If the evidence introduced tends in any degiee to sustain all the allogations re filed of the petition the cause should be sub- to erect | s the sum bid is in ex- | is at | the ceept a | & L., the | below to enter | | atsuch s; oflicers, the ligament which bound it | wehed for | nue purposes | | lowed whether he ‘oceupied the | | ner ¢ time, un- | side o it is | survi mittedto the trial jury, instruct them to retur fendant 8—Though it is true where the facts are un of them is for the and not for the decisio is true in that class of istence of such facts rather than where de ences are to be made whether the facts be puted, different draw different conel vs Bailey, 1T In an action for d ned by the next of kin to a deceased whose deat wised by the ney ut, the question o s for the jury t testimony, 1 ges, as miny be st Where a railroad PSSAry to run its tr the week, common and also finds it nec ployes to labor on that track in proper order g use of such traing, and n employe is injur negligened of sucli rail fact that the acciden day will not exonerate liability 6—In an sersonal injury resu leged negligence of t some testimony is ad prove such negligenee, to whether the defend guilty of negligence m the jury, and therefor ing upon thatsubje to them, uhton vs Stewart, ity Aflirmed, I'h his her several a v, is not liable to Lo n of the debt the purcha e would ac such purchase, and we to the po o of against the owner or « and claiming under h 2--A chattel mortg gainst the bona | chiasers from, the mo tive description of tl; «d, and yet good n medinte parties to the ally where the proper mortgage is identitied As” between the mortgagee of personal and partieular descrij rticles mortgaged fro them from other mortgs, necessury 8 court upon x Be only autho or afli overruled according merits; but in made it is more ths final adjndic ity in ot ed, ¢ relieve nte. d vs Adams. Reversed. arties 3rook: Moorelie county. well, J. 1—Where an order extended the time forty days from the djournment of the present”” a bill of exceplions, held mean the time withi the bill and present adverse party or s attor 2—The statute rels ceptions being remed be lilieradly consirued, 4-Phipersin abill of by the imtials of the Nimself, will not be Dill as not being identi 4—A ereditor, und law of is not p: the debtor his ¢ not be liable for the jud ment set asice as creditor 5—Whe nnot by o sale t their interest three da, ment for the benelit o divest the proper character so as to- de creditors. [ to the plaintifl such the evidenc sustained g and property” is vague the jury, Wasson vs beiu by re detention Jnion Pacific R. R. Lincoln county. Maxwell, J. 1—Where an action connty €ourt 1o recove Vs Ley peal to the district court the pe amended to cluim § rendered for that sur petition could not be amended to claim $1,000 and acerued interest, being the limit of the civil jurisdiction of more than the county court. 2—Instructions must the t the actuul questions at 4—Instructions upon a material point which is not bused upon evidenco tends to obscure the real issue, and is errone ons. State ex rel Donovan vs Writallowed. Opinio 1-—O0n petition of a superintendent, statin, ticable, rcount of for his children to att school district in whicl superintendent aas his dut, attach to an udj territory ns may be such children seliool -An order of the ¢ ent a5 to the formatic chunge of sehool distri Jurisdiction, cannot be Tuteral proceeding. Ablott vs Abbott. county. aflirnied as 10 Opinion by M 1—The representatio future, and not a g has u acted wpon fulse, will entitle the i sazie remedies as fr sentations of an existi 2—An attorney isn upon i cunse of action case of the deathof the ve vs Neher, Error Opinion by Ne Reversed, Al ment in the d a lien upon an equitab) estate of the debtor, Lynch vs Lyneh, Apy county. 1—A tenant in com to a right of homestead property as against tion in favor of u cote of his interest 2—Where an action i It on « legal title fendant sets up an equi court has authority tod ity of such defen s vights of the partic 3—Where a certain &2 two of whom conveyed the defendant, in an a held, 1—That where ¢ was attached to the sha ant without objection s vadue of sucly sk nt's portion 2d—That a balunce due frow the defend sustained by tion for dam: t should be submitted property of a married woman, like orin the swme collection is not A previous ruling Dby the appells point distinetly the ¢ on from the cons of which the court eannot dep: themselves. and recovering judgment upon ain; but the assigned property will ment, unless he can have t ¢ a firm is insolvent the of its purtnership An instruction that “you will assess in this case you shall find he and hab) wony and must b authority, L i1 he finds the statement true, to ining Reversed as to Julia Abbott, and Brown well, d. Atlirméd, Opinion by Maxwell 30 was devised by will to six porsons, and it is error to n a verdict for de in many cases that disputed the effect ment of the court | nof the jury, this cases where the ex- come in question eductions or infer- from them. And disputed or undis nds may honestly ions from them, the | o jury, A.&N. | Neb,, 332 | amages alloged to h is alleged to have gilence of the de s to the amount of reason of such | » determine under » the wmeasure of ihniitted to them company finds it | 1inson the firstday ly called Sunday, essary for its e day, in Keeping its i repair for the while <o engaged d or Killed by the road company, the t ocenrred on that the company from s caused by Iting from the nl hie dofendant, and duced tending to the question as nt was or was not ust be_ decided by all evidence bear- Error from Lane Opinion by Reese, N nd separate prop vy and sale for the sof her husband of her property squire: no- title by uld not be entitled the property as me holding a” title may be void as ditors of, or pur I ror, for defec e property mort s between the im mortguge; especi- ty included in the by them. mortgagor and chattels, w specific rtion of the several m which toidentify articles of the | made may i s to be fol to be moditied or | to its intrinsic in which it is - authority, it isa juences { nor the Hiatt vs or from Webster Opinion by Max- of the district court court in which fo to n which to pr the same to the iting o bills of ex- 1 i its nature will exceptions marked e judge, written by stricken out of the fied, the assignment luded from suing 1tis| of the ssign ig fraudulent as to ction part 0 one partner of s before an assign- creditors is 1 fraud partuership nages us fr son of the illegal 1 of the personul to mislead Palmer, 13 Neb., Error from Opinion by Ogilvy. clsed; 5 brought in the $990 and on ap ition wis 1,830 and judgment m. Held, “that the W be applicable to restricted Lo issue. aliner. Mandamus, 1 by Maswell, J. nt to the county o that it is imprac reams of wate cend school i tl ) he is situated, the wd'it s district so much ne ¥ to give rivii ounty superintend meor division or 5, where he has attacked in o - from or Luncaster and Ryan Bios, nof u fact in the e promise, which A turns out to be jured purty to the udulent misrepre act ot entitled to a lien | for tort, which in | parties would not from Saline county Mauxwell, J. strict court is not le interest in real yeal from Dougl uis not entit 1 on the common judgment in parti- ut for the value n partition is prop and the de table defense, the | etermine the valid- | e upon lot of the value of 1 their interests to ction or partition, e of the shares | s of the defend- | a judgment mak- | we alien on the 18 NOL EIEoneous. | and Ulcerated Piles has 1 | Wil TIHXE CHEADPEST PLACE INN OMAIIATO BUY FURNITURE IS AT DEWEY & One of the Best and Lo rgest Sto STONE’S sin the U.S. to Select from. No Stairs to Climb. Elegant Passenger Elevator M. BURKE & SONS, LIVE STOCK COMMISSION MERCHANTS, GEO. BURKE, Manager, UNION STOCK YARDS, OMAHA, NEB. REFERENCT: ney, Neb.: Columbus State Bank, Columbus, Nob Natfonal ank, Omahs, Neb. Merchants and Farmors' Bank, i MeDonald's Bank, North Platte, Neb. David City, Nob.: Koarnoy National Tank,Koae Quwaba Will pay customers’ draft with bill of 1ading attached, for two-thirds value of stock. ant for rents and profits appropriated by | him might be enforced unst his inter- est in the property. 1—Wh Premises are incapable of a fair division the court has power to award a pecuniary compensation to one of the partis for equality of partition Homan_vs. Steele, Johnson & Co. Error from Douglas county. Atlirmed. Opinion by Maxwell, J. 1—Where sc re 1 promise to contribute toa common «object desived by all, th promise of cach is a good consideration for the promise of othcrs, and can be cn foreed by sait, when the rporation or on to whom the subseription runs has incurred obligations on the faith of such subscriptions, and has complicd with the conditions upon whiel they were made. 2—Where a time is fixed_in which cer- n work is to be done, it is not in gen eral so far of the substance of the con tract, that if the work is done, but not until some days later, no compensation can be recovered, In such ease an action for the price will be sustamed, leaving the defendant to show any injury he may have sustained by the delay. 3—~Where an wetion is brought upon contract instead of a quantum meruit, nd all the procf introdueed without ol jection showing the right of the plaintint {5 taoovat] LB stpLemercolTt Wil IL A0 Y, permit an amendment of the pe to conform to the proof or remand use to the district court for such amendment. Stettnische vs. Lamb. county, Reversed and court for the plaintiff. well, J. 1—Adverse possession of real estate, if continued without interruption for the length of time preseribed by the statute for the enforeement of the right of entry, is eyidence of a fee. 2-Where the purc receiving a deed therefor, ereets a build ing thercon and enters into possession and afterwards sells and conveys the premises, 8 mumber of transfers bemg thoreaf made, and the building at times by vacant, but no interruption by an adyerse claim to the title of the oce it, held, that the possession was continuous, and after the expiration of ten years the oceu- pant possessed the fee. e may be attacked, if one comes in under the other and the posses- sory estates are connected and continu- ous. 4—A party will not be permitted to purch property and hold it for his own benefit, when he has o duty to per- form in relation thereto, which is incon- sistent with his character as o purchaser on his own_account. Columbus Co. vs Hurford, 1 Neb., 146 Lo L Dr. Sage's Catarrh Remedy cures when every other so-called remedy fuils, - A Sermon Stealer Bounced, Brooklyn Eagle: The Rev. Dr. Tal- mage must have read with surprise that ingle sermon of his hias been the ruin 1 brother mimster. The Rev. W. H. nty-two years heen Salem Reformed Pres. risburg, Pa. From small beginning he has made his L one of the most tlourishing in that Weulthy and prominent citizens e by his preaching, a splen- I edifice was built for him, and both pastor and people were in a most flourishing condition. Some time ago the Rev. Mr. Snyder felt too sick to pre- a sermon of his own, and he | ched u very cloquent sermon by the tev. Dr. Talmage, supposing that no one would know the diflerence between his own style and that of the eminent Brook- preaches, “Be sure your sin will 1d you out,’ however, is true of sermon steuling as well as other kinds of larceny. The congregation were delighted with the sermon, and thought Mr. Sny- der ven — more cloquent when feeling unwell than when in his most ro- bust condition, It is probuble that if he could have gone on preaching Dr, Tal- »'s sermons his would h n doubled and a new head put on the ch steeple. But a curious and earnal on in the shape of a young lawyer to be inthe audience, and le some habeas corpus reflec the body of the sermon. The thought'of 1t the more he he- came satisfied that he had heard it be- fore. On reaching home he happened to tuke up n volume of Dr. Talmuge's se mons, and there sure enowgh was the identical sermon which had™ produced such kening eficet upon the Re bytevian church at Harris . There was no possibility that the appropriation hud been 1, and thut the Rev, Mr. Snyder's ideas nbout certain text had chanced to be identieal with those of the Rev. Dr. Talwage. Nota word had been altered; the eloth wits whole and wholiy the cloth of the paster of the Brooklyn ' Tustead of thanking giving them the very could find, the cong solved to cast him down bis pulpit of elevation, After tw years of cffectual preaching the step down and out. Henceforth v, My, Sngder will wander about the clerical wil ) exile, woar ing upon his dejected brow the terrible wirning to other ministers not to steal other nien's sermons, and when they do 50 to be carelul 1o seleet a less well kunown preacher than Dr. Talwiage Appeal from € Jidgment in Opinion by M erof alot, npon Jap tally tions on more | re- from ty-1Wo PIOES Bing, PILE A sure eure for riLes: Itehin | red by led DF single Dy, Williawos, Gan Indiar edy ), Indian Pile Ointment cured the worst chironie eases of 25 or nding. No oue ced ler lve ing this wonderful sooth 5 aud instroments do more havin than good. " Willlams' Indian Ointuient absorbs the tumors, allays the itehing, (particularly at night’ after getting warm in bed), acts as a poultice, gives it relief, and is prepared only for Piles, of private parts, and for nothing else. SKIN DISEASES CURED, Ma i 3 a5 by i , Black Heads or Grubs, Blotelies and Eriptions on the face, leaving the skin clear and beautiful, — Also eures Iteh Salt Rhewn, Sore Nipples, Sore Lips, and Qld Obstinate Uleers, Sold by druggists, or mailed on receipt of B0 cents. Retailed by Kuhn & Co. 4 Schroeter & Becht, At wholesale by C.'F. Goodu | box itebin, 1, Pim 'COUNGIL BLUFFS. ADDITIONAL CITY NEWS, Reached His Majority. Frank B. Rodefer reached his twonty- first year on Saturday. One of the ples ant ures of the hirihd was the pro- | sentation to him by his father, Mr. J. W, Rodefer, of an clegant gold watch—one of E. Howard & Co's best hunting cases, I'rank starts out in business with the Se- curity, Abstract & Loan company, in which'hie holds stock, his position i the company being that of assistant seore- y. Heisa young man who has grown up'in this eity, and by his manly qualities and thorougi business qualifications, has won the esteem and respect of all. He starts into manhood now with bright prospects, and if the wishes of many friends are of avail, his future will be happy and prosperous. - When Taby was sick, we gave hor Castoria, Whon ahe was a Child, she cried for Castoria, When sho bocame Miss, sho clang to Caatoris, When ehe Lad Childron, sbe gave them Castoria, Sl Tt has long been known that shippers are unwilling to carry large quantities of zine dust in their vessels, owing to the danger of its getting moist and becoming heated to igerous extent. Mr. Grey- ille Willi F.R. S, has recently made some rescarches which throw light on this matter. He finds that wetted zine dust, after drying, gives ofl nexrly double the hydrogen that unwetted dust gives Hydrogen is absorbed from a moist at mosphere at moderate temperature by zine dust. It has, in fact, the power of occludi hydrogen after the manner of spongy platinum, STRICTLY PURE. IT CONTAINS NO OPIUM IN ANY FORM ‘IN THREE SIZE BOTTLES. PRICE 25 CENTS, 50 CENTS, AND 1 PER BOTTLE 25(9;va“3:;:]3113$:&}€§ Are put up for the a all who desiro a goo and fow pricod Cough, Cold and CroupRemedy TUOSE DESINING A KEMEDY FOR CONSUMPTION OR ANY LUNG DISEASE, 8hould secure the large $1 bottles. Direction accompanying oaeh bottle, Sold by all Medicine Dealers. Or the Liquor Cured by Mainos® Golden Npecific, It can bo given In a cup of coffee or tea without the knowledge of the person tuking It, Is absolutely Lurmiless, and will el A permanent and speedy cure, whether the patient is a moderate driuker or an wloohiolie wreck, It hus be 0 in thous Of cases, wd [ every Tisiance i perfect cure ver falls, The system ouce Lie Bpeciile, it becomes an ulter or appetite o exist. MLLOWING DRUGGINTS : KUHN & C0., Cor, 15th Dsuglas, and 18th & Cuming Sts,, Omaki, Neb.d A D FOSTER & BIO. Council Blufiy, Towa, Luudreds men trom i possibility for th FOI SALE [ [] STEAM COOKED, RUSHE D WHITE 0ATS AND OTHER American Breakfast Cereals, BEWARE OF IMITATIONS ! (Reglstored Trade I for i Ask for A. 1% C. By Y For kale by i gic : cular, LHE CEREALS MF'G CO., 3 Murray st.,, NEW YORK ol Did you Sup- pose Mustang Liniment only good for horses? It is for inflamae tion of all flesh,